Jon Leibowitz, chairman of the Federal Trade Commission, FTC, left, and Julius Genachowski, chairman of the Federal Communications Commission, FCC, arrive to a Senate Commerce, Science and Transportation ... more

Photo: Andrew Harrer, Bloomberg

Net neutrality is a technical, not a political problem

1 / 1

Back to Gallery

Over the last year, the Federal Communications Commission, Internet service providers (ISPs) and content companies including Google and Amazon have been working hard to resolve a thorny issue known as net neutrality.

To put it simply, consumers expect their ISPs won't interfere with their Web-surfing choices, including artificially slowing the traffic of websites that don't pay a premium or other tribute.

Everyone wants to preserve the open Internet. The challenge has been to craft a solution that will withstand the dizzying pace of technological and business change without introducing inflexible new laws and regulations.

But The Chronicle reluctantly concludes that peace talks in the network neutrality debate have failed and that it's now time for the FCC to pull the trigger on a controversial proposal to reclassify broadband Internet access. That is the last thing we need right now.

Reclassification would impose onerous "common carrier" rules on network operators, rules that predate the invention of computers. It would open the door to micromanagement of the broadband industry, new consumer taxes and the chance state and local regulators have been waiting for to get into the rule-making game.

It's also illegal. Only Congress can effect such a radical change in the law. The FCC's reclassification end-run, as even its supporters know, will lead to withering lawsuits that could take years to resolve. In the interim, the investment climate for continued innovation in our broadband infrastructure will sour.

But just a few months ago, the FCC itself called for major network upgrades in its first-ever National Broadband Plan. The FCC estimates the plan will cost $350 billion over the next decade, nearly all of it coming from private investment. And investors have made it clear that reclassification will stall the rollout of new technologies everyone agrees are vital to the health of the U.S. economy.

That's why a growing chorus of technology executives, unions and a bipartisan majority of Congress have all urged the FCC not to move forward on reclassification.

Fortunately, there's a better way to resolve the neutrality dilemma.

Over the last few months, intense negotiations among the key net neutrality stakeholders have yielded real progress. These include multiparty talks convened by members of Congress and at the FCC with ISPs, content providers and consumer groups.

The talks haven't produced consensus yet, but the two sides are getting closer. Earlier this week, for example, long-time net neutrality adversaries Google and Verizon jointly proposed a new legal framework that demonstrated genuine compromise.

The Google-Verizon proposal strikes a balance between those who fear a government takeover of the network with concerns that unregulated ISPs will someday close the open Internet. It calls for increased cooperation among industry participants but also asks Congress to give the FCC new authority to ensure the neutrality rules are obeyed.

That kind of collaboration is no surprise. In the 40 years since the Internet's invention, users have relied on the entrepreneurs and engineers who built the network to safeguard its egalitarian design, largely through industry groups and committees that operate virtually and efficiently.

Regulators have wisely steered clear of interfering with this wildly successful example of self-governance. Now more than ever, that kind of legislative restraint is essential.

Now Playing:

Net neutrality is not a political problem. It's a technical problem. And there's every hope that Silicon Valley can solve it without the meddling of lawyers, lobbyists and bureaucrats.

Winning the peace is often harder than winning the war. But we should give Silicon Valley the benefit of the doubt. The remarkable value they've generated over the last 10 years has earned them that deference.

Latest from the SFGATE homepage:

Click below for the top news from around the Bay Area and beyond. Sign up for our newsletters to be the first to learn about breaking news and more. Go to 'Sign In' and 'Manage Profile' at the top of the page.